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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 01/10/2026

Yesterday, DOJ’s lawsuit seeking Georgia’s sensitive voter data was dismissed, making it the 27th such case DOJ has lost (including appeals). We’ve been tracking the suits here: go.wisc.edu/k7mw0w And we recently updated our deep-dive into the underlying legal issues here: go.wisc.edu/p002lc

go.wisc.edu

Tracker: DOJ Lawsuits Seeking States' Sensitive Voter Data

As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of…

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 25/08/2026

Yesterday, the California Supreme Court heard two challenges to a sheriff's seizure of 650k+ ballots from a Nov. '25 election based on debunked fraud claims. Our new report examines the risk of such seizures occurring during a vote count, and how states can respond: go.wisc.edu/dc9qbo

Red bubble with text: how state laws may constain law enforcement seizures of election materials over background image of a sheriff

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Reposted by Derek Clinger

Steve Vladeck @stevevladeck.bsky.social · 24/08/2026

#BREAKING: Over dissents from the three Dem. appointees, #SCOTUS has *granted* the Trump administration’s request to freeze a district court injunction that had blocked the mail-in ballots executive order. But Trump’s EO remains blocked by a different injunction in a different case—at least for now:

supremecourt.gov

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Reposted by Derek Clinger

Rick Hasen @rickhasen.bsky.social · 22/08/2026

Breaking: USPS Issues Final Rule on Handling Mail Ballots Following Trump’s Mail-In Executive Order; Federal Government Says In Court Filings It Cannot Enforce It with Two Injunctions Against It in Place: What It Means for Pending Supreme Court Stay Request electionlawblog.org/2026/breakin...

electionlawblog.org

Breaking: USPS Issues Final Rule on Handling Mail Ballots Following Trump's Mail-In Executive Order; Federal Government Says In Court Filings It Cannot Enforce It with Two Injunctions Against It in Pl...

Tonight DOJ issued this notice to the court: Federal Defendants in the above-captioned consolidated matters respectfully submit the following notice regarding recent developments in this matter:Follow...

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Reposted by Derek Clinger

State Court Report @statecourtreport.org · 14/07/2026

Officials across the country have sought to burden the direct democracy process with restrictions that may seem modest in isolation but collectively threaten to render these rights unusable, writes @derekclinger.bsky.social in a new explainer.

statecourtreport.org

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 13/07/2026

As citizens have increasingly turned to direct democracy powers to make or change law, officials across states have responded with a similar set of tactics to make doing so harder. SDRI's @derekclinger.bsky.social explores the tactics and how citizens have responded in @statecourtreport.org.

statecourtreport.org

The Quiet Campaign Against Direct Democracy

As citizens have increasingly employed their powers to make or change law, state officials have used a variety of tactics to make doing so more difficult.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 29/06/2026

Today, the Arizona Supreme Court, in Center for Arizona Policy v. Arizona Secretary of State, upheld a ballot measure that requires disclosure of "dark money" election spending, rejecting claims that the law facially violates the Arizona Constitution's free speech and privacy protections. 1/3

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 29/06/2026

The Supreme Court just ruled in Trump v. Slaughter, allowing the President to remove the heads of agencies like the U.S. Postal Service at will, and Watson v. RNC, preserving post-election day receipt of mail ballots. We previewed these and other mail voting-related issues here: go.wisc.edu/v566xn

go.wisc.edu

How Can States Address Federal Hostility to Mail Voting?

Mail voting is under unprecedented federal pressure heading into the 2026 midterm elections. From the White House to the Supreme Court to Congress, a…

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Derek Clinger @derekclinger.bsky.social · 21/05/2026

Maine Update: The district court dismissed DOJ's suit seeking ME's voter data, rejecting DOJ's claims under the National Voter Registration Act, the Help America Vote Act, and the Civil Rights Act of 1960. This is DOJ's 8th loss in these suits--and 2nd loss today. Decision: go.wisc.edu/50814g 35/

go.wisc.edu

USA v. Bellows - District Court's Dismissal.pdf

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Derek Clinger @derekclinger.bsky.social · 21/05/2026

Wisconsin Update: Today, the district court dismissed DOJ's suit seeking WI's sensitive voter data, ruling that voter registration lists are not records that DOJ can demand under the Civil Rights Act of 1960. This is DOJ's 7th straight loss in these suits. Decision: go.wisc.edu/qz0o7a 34/

go.wisc.edu

USA v. WEC.pdf

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Derek Clinger @derekclinger.bsky.social · 13/05/2026

In addition to today's 6th Circuit argument, the 9th Circuit will hear arguments in DOJ's appeals of the California and Oregon voter data case dismissals next week. I spoke with @bloomberglaw.com about what to expect: news.bloomberglaw.com/litigation/t... 33/

news.bloomberglaw.com

Trump DOJ’s Voter Roll Demands Set for Appeals Court Tests (1)

Two federal appeals courts will soon weigh whether state election officials must turn their unredacted voter rolls over to the Justice Department—an argument President Donald Trump’s administration ha...

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Derek Clinger @derekclinger.bsky.social · 13/05/2026

Today, the 6th Circuit hears arguments in DOJ's appeal of the dismissal of its Michigan voter data case--the 1st appellate argument in these 30+ cases. Starts at 10am ET: www.ca6.uscourts.gov/live-arguments (I'm behind on this thread, but our tracker has regular updates: go.wisc.edu/93o421) 32/

ca6.uscourts.gov

Live Arguments | Sixth Circuit | United States Court of Appeals

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Reposted by Derek Clinger

The Downballot @the-downballot.com · 05/05/2026

In December, SCOTUS stayed a district court ruling blocking TX from using its new maps because the lower court ruled "on the eve of an election." That district court ruling was issued 15 weeks before the TX primaries. Callais was issued *17 days* before the LA primaries.

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Reposted by Derek Clinger

State Court Report @statecourtreport.org · 01/05/2026

Bills passed in Michigan must go to the governor before they become law. But the state house refused to send nine bills to Gov. Whitmer, leading to a dispute that the state high court will hear next week. @uwlawdemocracy.bsky.social's @derekclinger.bsky.social analyzed the case:

statecourtreport.org

Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers

The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.

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Derek Clinger @derekclinger.bsky.social · 01/05/2026

Sort of. The House argues that "shall be presented to the governor before it becomes law" just establishes presentment as a prerequisite for a bill to become law, not as a mandatory duty for any bill passed by both chambers. Under this view, if a bill isn't presented, it simply doesn't become law.

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Derek Clinger @derekclinger.bsky.social · 01/05/2026

Next week, the Michigan Supreme Court will hear a fascinating lawsuit between the state Senate and House over whether 9 lame-duck bills must be presented to the Governor or are instead void. I wrote about it for @statecourtreport.org & @brennancenter.org. statecourtreport.org/our-work/ana...

statecourtreport.org

Michigan Supreme Court to Hear Rare Lawsuit Between Legislative Chambers

The case arose after a new Republican majority in the Michigan House refused to send several bills passed by a previous Democratic-controlled legislature to the governor to become law.

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Reposted by Derek Clinger

Katie Buehler @bykatiebuehler.bsky.social · 01/05/2026

For those *trying* to keep track ... in the 48 hours since #SCOTUS issued its ruling in Louisiana v. Callais striking down the state's election map containing two majority-Black districts (links to follow):

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Derek Clinger @derekclinger.bsky.social · 10/04/2026

Today, a federal court dismissed DOJ's lawsuit seeking Massachusetts' sensitive voter data. The court held that DOJ's written demand failed to comply with a "simple" statutory requirement to state why it wants the data. DOJ is now 0-4, with 1 settlement. Decision: www.mass.gov/doc/doj-v-ga... 31/

mass.gov

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Derek Clinger @derekclinger.bsky.social · 26/03/2026

@cbsnews.com has reported that DOJ is close to finalizing a deal to turn over states' voter roll data to DHS for immigration enforcement -- something DOJ's attorneys have never disclosed in their voter data lawsuits, even when pressed by federal judges. www.cbsnews.com/news/justice... 27/

cbsnews.com

Justice Dept. close to finalizing deal to hand over states' voter roll data to Homeland Security, sources say

DOJ plans to turn over voter data it's collecting from states to DHS for use in immigration and criminal investigations, sources say.

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Derek Clinger @derekclinger.bsky.social · 25/03/2026

Corrected link to the settlement agreement between DOJ and Oklahoma: oklahoma.gov/content/dam/...

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Derek Clinger @derekclinger.bsky.social · 25/03/2026

Oklahoma update: The state is 1st to settle with DOJ, agreeing to turn over its private voter data. DOJ's Civil Rights Division's use limited to checking NVRA/HAVA compliance, but other agencies' uses aren't addressed. Agreement: go.wisc.edu/6p0sb825/ More: oklahomavoice.com/2026/03/24/g... 25/

oklahomavoice.com

Oklahoma agrees to turn over voter data to end federal lawsuit • Oklahoma Voice

Oklahoma Attorney General Gentner Drummond has agreed to release what was previously considered private voter data to the federal government.

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Derek Clinger @derekclinger.bsky.social · 20/03/2026

A few updates on DOJ's voter list suits: (1) Briefing in the CA, MI, and OR appeals will conclude in mid-to-late April. (2) CT hearing held yesterday (3/19). (3) WA hearing next week on whether DOJ failed to timely serve summons. The tracker has more regular updates: go.wisc.edu/93o421 24/

go.wisc.edu

Tracker: DOJ Lawsuits Seeking States' Sensitive Voter Data

As part of President Trump’s efforts to expand federal control over the country’s historically state-run election infrastructure, the U.S. Department of…

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 19/03/2026

Senior Counsel and Director of Partnerships at @uwlawdemocracy.bsky.social @derekclinger.bsky.social explains why federal attempts to “nationalize” elections face significant legal and political obstacles. Read more: buff.ly/pbDCral.

buff.ly

Could Trump ‘nationalize’ elections in Dane County?

President Donald Trump has called on Republicans to ‘take over the voting’ in several jurisdictions.

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Reposted by Derek Clinger

Sasha Hupka @sashahupka.bsky.social · 11/03/2026

NEW: Top AZ officials are warning counties not to disclose voter data amid FBI, DHS probes into the 2020 election. Also: Senate President Warren Petersen says a grand jury is impaneled in state, and records show HSI asking about a prior review of the election. Read: www.votebeat.org/arizona/2026...

votebeat.org

Mayes, Fontes warn county recorders to keep voter data confidential amid escalating federal probes of 2020 election

The state’s top election officer and prosecutor warned local officials not to give sensitive voter information to federal officials, who are probing the exhaustively reviewed 2020 election in Arizona.

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Reposted by Derek Clinger

The Atlantic @theatlantic.com · 11/03/2026

Exclusive: HSI, a branch of DHS that usually investigates drug cartels and human-trafficking networks, is probing the 2020 election results in Arizona, Yvonne Wingett Sanchez, Sarah Fitzpatrick, and Nick Miroff report: theatln.tc/HJwh0Oqs

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Reposted by Derek Clinger

Bridget Lavender @bridgetlavender.bsky.social · 06/03/2026

A federal court has prohibited California from enforcing its mask ban against federal officers. A loss for California. But the opinion is actually a win for states across the country seeking to ban masking—like Washington, which recently passed a ban through both chambers of the legislature. 🧵 1/

spokesman.com

Washington Legislature passes ban on law enforcement wearing masks

OLYMPIA – Washington lawmakers passed a pair of bills Tuesday afternoon that supporters say will rein in immigration enforcement in the state.

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Derek Clinger @derekclinger.bsky.social · 04/03/2026

Minnesota update: Yesterday, the district court held a hearing on the parties' competing motions to compel and dismiss in DOJ's voter data suit. The court ordered additional briefing, so a decision is likely more than a month away. Coverage: www.mprnews.org/story/2026/0... 23/

mprnews.org

Judge hears arguments in DOJ lawsuit seeking Minnesota's voter registration data

Attorneys for the state of Minnesota argued in court Tuesday that the state shouldn’t have to share its voter registration data with the federal government.

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Reposted by Derek Clinger

State Democracy Research Initiative @uwlawdemocracy.bsky.social · 27/02/2026

Today, it’s almost impossible to sue federal officers for money damages if they violate your constitutional rights. As @harrisonstark.bsky.social explains in this Lawfare piece, state law could offer a solution through so-called “converse 1983” legislation. www.lawfaremedia.org/article/can-...

lawfaremedia.org

Can State Law Remedy Constitutional Violations by Federal Officers?

So-called converse 1983 statutes are percolating in statehouses across the country and could fill a critical constitutional gap.

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Derek Clinger @derekclinger.bsky.social · 27/02/2026

Yesterday, DOJ sued 5 more states for their voter data: Kentucky, New Jersey, Oklahoma, Utah, and West Virginia. That brings the total to 29 states + D.C. So far, DOJ is 0-3 in decided cases (CA, OR, MI all dismissed). www.nytimes.com/2026/02/26/u...

nytimes.com

Justice Department Sues 5 States, Most Republican-Led, for Voter Data

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Derek Clinger @derekclinger.bsky.social · 26/02/2026

California & Oregon updates: DOJ filed notices of appeal yesterday, challenging the district courts' dismissals of its voter data suits. The cases now move to the Ninth Circuit. 21/

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Reposted by Derek Clinger

Michael Li (李之樸) @mcpli.bsky.social · 21/02/2026

NEW: The Utah Supreme Court has unanimously dismissed GOP lawmakers appeal of a trial court’s ruling that they had unconstitutionally repealed anti-gerrymandering reforms enacted by voters in 2018. campaignlegal.org/sites/defaul...

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Reposted by Derek Clinger

Rick Hasen @rickhasen.bsky.social · 13/02/2026

Repeat after me: An executive order is not a royal edict; it is not law. It is a direction to the executive branch as to how to carry out the law. Also: Key parts of Trump's last EO on elections have been stopped by federal courts, ruling that the President has no role to play in federal elections

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Reposted by Derek Clinger

Doug Bock Clark @dougbockclark.bsky.social · 10/02/2026

1/ UPDATE: The affidavit underlying the FBI raid to seize 2020 election materials in GA has been unsealed. It cited allegations conservative researcher Kevin Moncla told @ProPublica he had briefed investigators on. Witness names are redacted. storage.courtlistener.com/recap/gov.us...

storage.courtlistener.com

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Derek Clinger @derekclinger.bsky.social · 10/02/2026

Nebraska update: The state trial court hearing Common Cause's suit to block the NE Secretary of State from turning over the state's voter data to DOJ dismissed the suit late last week for lack of standing. Common Cause said it will appeal. Coverage here: nebraskaexaminer.com/2026/02/09/n... 20/

nebraskaexaminer.com

Nebraska judge tosses lawsuit to keep state from releasing voter data to feds • Nebraska Examiner

Nebraska Secretary of State Bob Evnen has said he plans to hand the data to the Justice Department later this week.

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Derek Clinger @derekclinger.bsky.social · 10/02/2026

Michigan update: DOJ's suit for Michigan's voter data dismissed on all claims. The opinion takes a different analytical route than the earlier decisions out of California and Oregon, but it reaches the same result: DOJ isn't entitled to the voter list. Opinion here: go.wisc.edu/tc5wls 19/

go.wisc.edu

USA v. Benson 02-10-2026 Opinion.pdf

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Reposted by Derek Clinger

Phil Rocco @philiprocco.bsky.social · 06/02/2026

The bind that state election officials find themselves in (needing to challenge attempts at election subversion while not repeating the threats in a way that demobilizes) is very similar to the challenge states, cities, and NGOs faced in during the 2020 Census. A few thoughts on this. / 1

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Derek Clinger @derekclinger.bsky.social · 06/02/2026

Oregon update: Judge Kasubhai's opinion dismissing all of DOJ's claims for Oregon's voter data is out. Like the California decision, it questions DOJ's honesty about why it wants states' voter data. That's now 2 federal judges raising credibility concerns. Read it here: go.wisc.edu/yj2j42 18/

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 05/02/2026

@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation even among recent Trump administration actions like suing nearly half the states for their sensitive voter data.”

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Reposted by Derek Clinger

Taniel @taniel.bsky.social · 31/01/2026

The Utah governor just signed a bill to expand his state's supreme court by two seats. Conservatives have been angry at a series of judicial rulings, including one that safeguarded direct democracy in 2024 & one that struck down their gerrymander. 1st step of their retaliation.

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Derek Clinger @derekclinger.bsky.social · 30/01/2026

Pennsylvania update: DOJ moved to transfer voter data case after the State argued that DOJ filed in the wrong federal court. This could be the 3rd of these suits DOJ filed in the wrong court under the Civil Rights Act of 1960 after same error in the California and Georgia suits. 17/

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Derek Clinger @derekclinger.bsky.social · 30/01/2026

Coverage of yesterday's hearing in Common Cause Nebraska's state lawsuit seeking to block the Nebraska Secretary of State from turning over the state's sensitive voter data to DOJ -- no decision, yet: nebraskaexaminer.com/2026/01/29/c... 16/

nebraskaexaminer.com

Court hears lawsuit seeking to stop Nebraska from releasing voter data to federal government • Nebraska Examiner

A Lancaster County District Court judge heard arguments Thursday for and against Nebraska releasing voter records to the federal government.

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Reposted by Derek Clinger

Bridget Lavender @bridgetlavender.bsky.social · 30/01/2026

California recently banned federal law enforcement officials (including ICE) from wearing masks or concealing their identities. At least 17 other states have proposed similar laws. The federal government claims that these laws are unconstitutional. Is that right? Well, it's complicated 🧵 1/

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Reposted by Derek Clinger

University of Wisconsin Law School @law.wisc.edu · 29/01/2026

@derekclinger.bsky.social of @uwlawdemocracy.bsky.social: “It’s a dramatic escalation in the Trump administration’s efforts to expand federal control over our country’s historically state-run election infrastructure.”

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Justin Levitt @justinlevitt.bsky.social · 28/01/2026

This new Fulton Cnty. election search warrant raises _a lot_ of questions. The apparent relevant crime is allegedly throwing away docs in '21 or '22. What probable cause do they have that Fulton threw stuff away 4 years ago, and why do (some) 2020 records help prove what they threw away in 2022?

electionlawblog.org

FBI execution of search warrant in Fulton #ELB

Justin here. Rick linked earlier today to what he called a “dangerous escalation” of DOJ/FBI aggressiveness in pursuing election records, when they executed a search warrant at a Fulton County electio...

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